The government will introduce a new Mental Health Bill to
transform mental health care, following publication of
the final report from
the Independent Review of the Mental Health Act 1983.
The government is accepting 2 of the review’s
recommendations to modernise the Mental Health Act.
Those detained under the Act will be allowed to nominate a
person of their choice to be involved in decisions about
their care. Currently, they have no say on which relative
is contacted. This can lead to distant or unknown relatives
being called upon to make important decisions about their
care when they are at their most vulnerable.
People will also be able to express their preferences for
care and treatment and have these listed in statutory
‘advance choice’ documents.
In October 2017, the Prime Minister announced an
independent review of the Mental Health Act 1983 to make
improvements following rising detention rates, racial
disparities in detention and concerns that the Act is out
of step with a modern mental health system. The review team
was also asked to consider how to improve practice within
the existing legislation.
The government will issue a formal response to the review’s
recommendations in the New Year before preparing the new
legislation.
Prime Minister said:
The disparity in our mental health services is one of the
burning injustices this country faces that we must put
right.
For decades it has somehow been accepted that if you have
a mental illness, you will not receive the same access to
treatment as if you have a physical ailment. Well, that
is not acceptable.
I commissioned this review because I am determined to
make sure those suffering from mental health issues are
treated with dignity and respect, with their liberty and
autonomy respected.
By bringing forward this historic legislation – the new
Mental Health Bill – we can ensure people are in control
of their care, and are receiving the right treatment and
support they need.
I’m grateful to Professor Sir Simon Wessely and his team
for their tireless work on this vitally important review.
Health and Social Care Secretary said:
With 1 in 4 people being affected by mental ill health at
some point in their lives, it is more important than ever
that we put mental and physical health on an equal
footing.
I am determined to do everything I can to protect
people’s mental health and get them the help they need.
The proposed new Mental Health Bill will give patients
more control over their treatment and make sure that our
mental health laws are fit for the modern age.
Claire Murdoch, NHS England’s National Director for Mental
Health, said:
We warmly welcome Sir Simon Wessely’s report, which makes
a compelling case for modernising the Mental Health Act.
This timely and important review makes the case for
better legislation to underpin the service improvements
needed for the most severely mentally ill people while
also tackling health inequalities in our society.
High-quality support in the community before a person
reaches crisis point, coupled with improved crisis
services when they are needed, will both help, but the
review is also right to argue that anyone who needs to be
in hospital should get the best care during and after
their inpatient stay.
